What are my right regarding an insurance claim?

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What are my right regarding an insurance claim?

My laundry cart allegedly rolled off the sidewalk and struck another vehicle. My insurance agent advised me to give the other driver my insurance information. The driver is now filing a liability claim against my homeowner’s policy without my permission. I want my day in court but it seems that my insurer is not giving me that option. Did I have to give the driver of that car my insurance info (she is not the owner of the car). Also, will a liability claim cause my rates to go up? And, finally, can I force the insurance company to let me have my day in court?

Asked on June 7, 2012 under Insurance Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to read your insurance policy to see if there is a "consent" provision concerning your approval before your carrier settles the claim against you. If there is such a clause, the carrier cannot settle the claim without your approval first. However, if you withhold your consent for a reasonable settlement, your carrier could assess you attorney's fees in defending you.

You were not required to give your insurance information to the person who was driving the car whose car was allegedly damaged by you. From what you have written, your insurance premiums will increase due to the claim.


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